Volume 03 Issue 10-2023
21
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
10
Pages:
21-26
SJIF
I
MPACT
FACTOR
(2021:
5.
705
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(2022:
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(2023:
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584
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OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article analyzes the Constitution of the Republic of Uzbekistan, the laws of the Republic of Uzbekistan, the
Presidential Decree of the Republic of Uzbekistan, the decisions of the Cabinet of Ministers of the Republic of
Uzbekistan and other departmental documents and the opinions of legal scholars as the basis of regulatory
documents to combat theft from a vehicle.
KEYWORDS
Vehicle, theft, Constition, law, decree, decision, order.
INTRODUCTION
The Constitution, the Basic Law of countries, the
construction of the state and society, is a document
with a higher legal force, which in one way or another
reflects the rights and obligations of a person. In
history, the Constitution of the Uzbek SSR adopted in
1927 established the participation of a hardworking
and exploited people in land use, participation in
elections, freedom of conscience, assembly, rally,
rights and freedoms were not recognized as natural
and integral, but recognized as being taken from the
state and taken away from class opponents. In the
Constitution adopted in 1937, the restriction of the
rights of certain categories of persons was formally
eliminated, and the system of socio-economic rights
and obligations (such as work, rest, material support,
free medical care, a number of obligations, the
implementation of laws, strict adherence to labor
discipline, honest treatment of public duties) was
expanded. Later, in the Constitution adopted in 1978,
the legal status of a person was further improved, in
addition to the norms that determine the personal and
socio-economic and political rights of citizens, the
international principles of human rights and freedoms
were reflected, and the rights to participate in the
management of state and society were also
Research Article
ANALYSIS OF THE REGULATORY FRAMEWORK FOR COMBATING THEFT
FROM A VEHICLE
Submission Date:
October 03, 2023,
Accepted Date:
October 08, 2023,
Published Date:
October 13, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue10-05
Khaydamatov Elyorzhan Bokhodirovich
Deputy Head Of The Operational-Search Service Of The Department Of Internal Affairs Of The Fergani Region
–
Head Of The Criminal Investigation Department, Lieutenant Colonel, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 10-2023
22
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
10
Pages:
21-26
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
established. At the same time, the Constitution
strengthened the position of the unified Communist
Party, without allowing political and ideological
diversity. Also, during these periods, more than three
hundred laws and legislative acts were adopted on the
basis of the Constitution and implemented in the tqf in
the name of compliance with human rights and
freedoms, to some extent. This was because the
constitutions adopted in 1927, 1937, and 1978 were
created on the basis of the shuroviy ideology, serving
the interests of the unified Communist Party, with no
emphasis on the protection of human rights,
freedoms, and legitimate interests.
In the early years of independence, more than a
hundred regulatory legal acts were adopted to combat
crime. In particular, the second section of the
Constitution of the Republic of Uzbekistan entitled
“basic rights, freedoms and duties of
people and
citizens” reads:“all citizens living in the Republic of
Uzbekistan are equal before the law, regardless of
social origin, faith; the rights and freedoms of citizens
are inviolable, and no one has the right to deprive or
restrict them without a court order; ; the provision of
the rights and freedoms of foreign citizens and
stateless persons in accordance with the norms of
international law; the use of personal, political,
economic, social rights of citizens and the inviolability
of these rights b
y law”[4] has established such rules,
an important program in the fight against theft
committed from a vehicle serves as applicable rules.
In the address of the president of the Republic of
Uzbekistan dated December 20, 2022 to the people of
the Republic of Uzbekistan, we must instill in our
Constitutions and laws as well as in our daily lives the
idea of “first –
man, then
–
society and the state”. It is
necessary that we strengthen the foundations of our
national statehood, capable of overcoming serious
tests and unpredictable risks of the present day. In
general, we need to work out without haste, thinking
in every possible way the Constitution, the meaning of
which is enriched with the spirit of glorification of
human value, worthy of future generations, suitable
for the New Uzbekistan,” [16] the main emphasis in the
norms of the Constitution in the new edition was on
ensuring human rights and freedoms.
Legal scholars who have massively contributed to the
development of the theory, practice of operational-
search activities express various opinions on the
grouping of regulatory legal documents that regulate
operational-search activities. In Particular, T.R.Saitbaev
and B.T.The legal framework of the tqf by
akramkhodjaev is divided into two groups, namely, the
laws and decisions of the Supreme Assembly of the
Republic of Uzbekistan; decrees and decisions of the
president of the Republic of Uzbekistan, decisions of
the Cabinet of Ministers[16, B.6-11 ], while other
experts say that the regulatory legal framework of the
tqf is manifested in the following three levels:
“constitutional; legislative acts; Legislative Acts”[15,
p.8]; sh.K.The normative-legal basis of operational-
search activities in the research work of Giyasov is the
following: "national laws; legislative normative-legal
acts; departmental regulatory legal Acts" [1, p.31]
divided into three groups in content. Having made
some changes to this classification, V.Karimov, on the
other hand, said that the legal basis of the tqf
is:“constitutional; laws; legal Acts” [2, p.15] that it
consists of levels such as.
The regulatory framework for the fight against theft
from a vehicle is understood as regulatory legal acts
that serve to prevent, eliminate, end, expose, search
for this type of theft.
We will analyze these regulatory legal acts. In
particular, in the Constitution of the Republic of
Uzbekistan:” every person has the right to be an owner
Volume 03 Issue 10-2023
23
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
10
Pages:
21-26
SJIF
I
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FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
(41-m)"; " the owner owns, uses and disposes of the
property owned by him at his own discretion”(66
-m);
"On the territory of the Republic of Uzbekistan,
operational-search, investigative services for the fight
against crime have been established, which can
provide public organizations and citizens with
assistance to law enforcement agencies in the
protection of legality and legal order, Rights and
freedoms of citizens (146-
m)”[5] the definition of the
rules in the content is that everyone can become an
owner and, law enforcement agencies, public
associations, indicate that all citizens are responsible
for combating theft from a vehicle, such as property-
type crimes.
Article 3 of the Transport Act of the Republic of
Uzbekistan
provides
for
such
concepts
as
“transport”as well as “vehicles” [11], and Article 3 of
the Road Safety Act of the Republic of Uzbekistan [9]
requires first of all to find out the meaning of these
concepts by the operational units of the IIOs in
combating theft from the vehicle.
Article 169 of the Criminal Code of the Republic of
Uzbekistan is devoted to the crime of theft[6], a
separate part on the fact of theft from a vehicle is
legally qualified based on the material damage caused
to the victim, not indicated by an item. The object of
theft committed from a vehicle is understood as illegal
activity aimed at the appropriation and disposal of
other persons, that is, in the salon, in the trunk or spare
parts of a vehicle belonging to individuals, legal
entities. From the objective side, these crimes are
always committed as a result of active actions. The
subject of the crime is a sane, physical person (persons)
who has reached the age of 14. This crime is carried out
on the subjective side only with the right retaliation.
Criminal Procedural Code of the Republic of
Uzbekistan(36, 381, 391, 392, 48, 81, 87, 951, 135, 136,
137, 139, 140, 141, 162, 172, 174, 180, 182, 183, 187, 1872,
213, 218, 219, 222, 225, 3201, 3202, 321, 322, 328, 329, 331,
333, 334, 336, 338, 345, 355, 364, 367, 3815, 3819, 382,
587, 588, 589, 590, 591)[7] in the content of the norms,
operational units carrying out operational-search
activities carry out certain functions on the fact of theft
from a vehicle, including the competence of officials to
issue a written assignment to operational units, to
carry out an examination and other actions before an
investigation into the application and complaint; cases
when evidence should be collected and proven,
investigative actions carried out within
the
competence of an operational employee (holding,
personal search and seizure, inspecting the scene of
the incident, conducting an examination)and issues of
consideration when conducting operational-search
events, the procedure for drawing up procedural
documents, the procedure for presenting the results of
operational-search activities to authorized entities,
the, in cooperation with the prosecutor and the courts,
the rules for the disclosure of theft from a vehicle, the
conduct of investigative and procedural actions,
operational-search activities with a responsible
approach to the implementation of search operations
are described.
According to the law of the Republic of Uzbekistan “On
the Prevention of violations” (Chapters 3, 4, 5, 6) [10]
in the early prevention of theft from a vehicle, general,
special, individual, wiktimological preventive measures
are carried out, employees of the operational units of
the internal affairs bodies require the implementation
of Operational-Search and preventive measures in
cooperation with the National Guard, self-governing
bodies, civil society institutions.
Law of the Republic of Uz
bekistan “On operational
-
search activities”(3, 4, 5, 6, 7, 8, 9, 10, 11, 11, 12, 13, 14, 15,
16, 18, 20, 23, 24, 25, 26, 27, 281-Articles) [8] on the basis
of which Operational-Search measures are carried out
Volume 03 Issue 10-2023
24
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
10
Pages:
21-26
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
by the operational units of the internal affairs bodies in
the fight against theft from the vehicle.
On the basis of the decree of the president of the
Republic of Uzbekistan dated March 26, 2021 “on
measures to qualitatively raise the activities of internal
affairs bodies in the field of ensuring public safety and
combating crime”, “vehicles, civil and service firearms,
persons and objects in search, as well as, maintaining
an automated information bank on other information
that contributes to the effectiveness of crime
prevention and Crime Contr
ol” [12], which defines the
most important and relevant tasks such as " improving
the effectiveness of the fight against theft from a
vehicle.
According to the decision of the Cabinet of
Ministers of the Republic of Uzbekistan “on approval
of the regulation on the procedure for assessing the
activities of internal affairs bodies in the attached
territory for the Prevention of violations and
combating crime”, material stimulation of preventive
inspectors and operational personnel of internal affairs
bodies who actively participate in the fight against
theft, the introduction of a system for the crime of
theft from a vehicle that has remained undiscovered in
the service area, in which the internal affairs bodies
retain preventive inspectors and operational personnel
from their monthly salary on a quarterly basis [14],
necessitates more responsibility for their professional
activities from the operational units of the Iiolari.
In addition, on the basis of the decision of the Cabinet
of Ministers of the Re
public of Uzbekistan “on the
approval of the regulation on the procedure for
stimulating citizens and public organizations for the
Prevention of offenses and active participation in
combating crime” on the basis of the report to the
protective bodies about the crime being prepared,
planning to intentionally commit theft; when law
enforcement agencies are assisted in stopping and
fully exposing the crime of extortion committed
intentionally; by identifying evidence that helps to
expose it on the fact of theft committed from an
undisclosed vehicle, or by providing information about
the person (persons) who committed it or where they
are, the crime in question is exposed; when the
investigation of theft from a vehicle and assistance in
identifying and capturing the hiding place of a person
hiding from judicial authorities, the decision now
established a procedure for one-time material
incentives of 3.52 to 7.05 times the amount of Labor
remuneration for our citizens [13].
During the study of legal acts adopted in the system
from the state bodies carrying out operational-search
activities, more than two hundred departmental
regulatory legal acts of the IIV relating to operational
–
search activities in the provision of human rights and
freedoms were adopted in 1991-2023, including the
implementation of search work; the fight against
property-type crimes; the rights and obligations of; in
the regulation of legal relations, such as combating
organized crime, special departmental documents
regulate the activities of the service in important areas
of operational units within the Operational-Search
Department of the Mia.
After analyzing the normative acts of the fight against
theft from a vehicle, first, the normative acts are
studied according to the legal level: Constitution,laws
and legislative acts; secondly, the new edition came to
conclusions about the content enrichment of the
norms of the operational-search legislation on the
basis of the absorption and strengthening of the
content of the norms of the
First of all, the analysis of normative documents of the
fight against theft from a vehicle is carried out
according to the legal level of regulatory documents:
Volume 03 Issue 10-2023
25
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
10
Pages:
21-26
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Constitution, laws and legislative documents;
secondly, on the basis of instilling and strengthening
the content of the norms of the Constitution of the
Republic of Uzbekistan in the New Edition into the
norm of the legislation of operational-search activities,
we consider that the norms of operational-search
legislation serve to enrich the content and effectively
organize practical activities, as a result of which human
rights, freedoms and legitimate interests are ensured.
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Volume 03 Issue 10-2023
26
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
10
Pages:
21-26
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
for the Prevention of violations and combating
crime in the attached territory”No. 137 // http:
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